Madras High Court
A.Mohammed Ilyaas ... Petitioner vs The Government Of Tamil Nadu on 9 January, 2026
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.No.175 of 2026
W.P.No.175 of 2016
M.DHANDAPANI, J.
This matter is listed under the caption ‘For Being Mentioned’ at the
instance of the learned counsel for the petitioner.
2. For better appreciation, the order dated 09.01.2026 is re-produced
as under:
“This Writ Petition has been filed seeking for a
mandamus, directing directing the Respondents herein to pay
interest at the rate of 12% per annum on disbursement of
pension and pensionary benefits including Gratuity for a period
from 20.04.2016 to 08.02.2024 and to revise the Petitioner's
pension and retirement benefits and pay 2/3rd of total
retirement benefits to the Petitioner by including the period
from 21.01.2006 to 19.01.2009 spent on foreign employment
with the permission from the Government and for which
contribution is paid, with penal interest, for the purpose of
calculating qualifying service, as per Rule 60 of Tamil Nadu
Leave Rules and to take pay matrix as on 01.01.2016 as
admissible to the post of Assistant Executive Engineer to arrive
at last pay drawn and emoluments for calculation of original
pension and retirement benefits or in an alternative, to issue a
direction to the Respondents to arrive at a emoluments by
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W.P.No.175 of 2026
taking pay admissible as on 19.01.2009 as per the Revised Pay
Scale 2009 and thereafter a grant 2/3rd of retirement benefits
out of total benefits and then revise my pension as per the pay
matrix as on 01.01.2016 as admissible for the post of Assistant
Executive Engineer held by the Petitioner at the time of
retirement and grant arrears of pension with interest at 18%
per annum.
2. With the consent of the learned counsel appearing on
either side, this writ petition is taken up for disposal at the
admission stage.
3. Though a larger prayer is sought for in this writ
petition, the learned counsel appearing for the petitioner would
submit that this Court may issue a direction to the 2 nd
respondent to consider the petitioner’s representation dated
25.10.2025 and pass appropriate orders within a specified time.
4. The learned Government Advocate appearing for the
respondents would submit that the 2nd respondent will consider
the petitioner’s representation dated 25.10.2025 and pass
appropriate order on the same within a period of twelve weeks.
5. In view of the same, the 2nd respondent is directed to
consider the representation of the petitioner dated 25.10.2025
and pass appropriate orders on the same, in accordance with
law, within a period of twelve weeks from the date of receipt of
a copy of this order.
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W.P.No.175 of 2026
6. This Writ Petition is disposed of with the above terms.
No costs.”
3. It is pointed out by the learned counsel for the petitioner that the
competent authority to consider the representation is the 1 st respondent and
not the 2nd respondent and, including the representation dated 25.10.2025,
another representation dated 29.05.2025 has also to be considered by the
respondents. Hence, he would request to make the said correction,
particularly, in paragraph 5 of the order dated 09.01.2026.
4. Acceding to the submission made by the learned counsel for the
petitioner, paragraph 5 of the order dated 09.01.2026 stands modified as
follows:-.
5. In view of the same, the 1st respondent is directed to
consider the representations of the petitioner dated 25.10.2025
& 29.05.2025 and pass appropriate orders on the same, in
accordance with law, within a period of twelve weeks from the
date of receipt of a copy of this order.
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W.P.No.175 of 2026
M.DHANDAPANI, J.
KKN
5. Registry is directed to carryout the aforesaid correction in the order
dated 09.01.2026 and issue fresh order copy to the parties.
30.01.2026
kkn
W.P.No.175 of 2026
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W.P.No.175 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.01.2026
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No. 175 of 2026
A.Mohammed Ilyaas ... Petitioner
Vs.
1.The Government of Tamil Nadu,
Secretary to the Government,
Public Works Department,
Secretariat, Chennai – 9.
2.The Engineer-in-Chief WRD
and Chief Engineer General,
Public Works Department,
Chepauk, Chennai – 600 005.
3.The Engineer in Chief Building
(and Chief Engineer Building)
Public Works Department,
Chepauk, Chennai – 5.
4.The Executive Engineer,
Public Works Department,
Building Construction and Maintenance,
Udagamandalam, The Nilgiris District.
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W.P.No.175 of 2026
5.The Superintending Engineer,
Public Works Department,
Building and Maintenance,
Coimbatore – 1.
6.The Chief Engineer (Building),
Public Works Department,
Coimbatore Region,
Coimbatore – 641 001. ...Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Mandamus, directing the Respondents
herein to pay interest at the rate of 12% per annum on disbursement of
pension and pensionary benefits including Gratuity for a period from
20.04.2016 to 08.02.2024 and to revise the Petitioner's pension and
retirement benefits and pay 2/3rd of total retirement benefits to the Petitioner
by including the period from 21.01.2006 to 19.01.2009 spent on foreign
employment with the permission from the Government and for which
contribution is paid, with penal interest, for the purpose of calculating
qualifying service, as per Rule 60 of Tamil Nadu Leave Rules and to take
pay matrix as on 01.01.2016 as admissible to the post of Assistant Executive
Engineer to arrive at last pay drawn and emoluments for calculation of
original pension and retirement benefits or in an alternative, to issue a
direction to the Respondents to arrive at a emoluments by taking pay
admissible as on 19.01.2009 as per the Revised Pay Scale 2009 and
thereafter a grant 2/3rd of retirement benefits out of total benefits and then
revise my pension as per the pay matrix as on 01.01.2016 as admissible for
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W.P.No.175 of 2026
the post of Assistant Executive Engineer held by the Petitioner at the time of
retirement and grant arrears of pension with interest at 18% per annum.
For Petitioner : Mr.R.Saseetharan
For Respondents : Mr.T.M.Rajangam
Government Advocate
ORDER
This Writ Petition has been filed seeking for a mandamus, directing directing the Respondents herein to pay interest at the rate of 12% per annum on disbursement of pension and pensionary benefits including Gratuity for a period from 20.04.2016 to 08.02.2024 and to revise the Petitioner's pension and retirement benefits and pay 2/3rd of total retirement benefits to the Petitioner by including the period from 21.01.2006 to 19.01.2009 spent on foreign employment with the permission from the Government and for which contribution is paid, with penal interest, for the purpose of calculating qualifying service, as per Rule 60 of Tamil Nadu Leave Rules and to take pay matrix as on 01.01.2016 as admissible to the post of Assistant Executive Engineer to arrive at last pay drawn and emoluments for calculation of original pension and retirement benefits or in _________ Page 7 of 11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/02/2026 07:09:29 pm ) W.P.No.175 of 2026 an alternative, to issue a direction to the Respondents to arrive at a emoluments by taking pay admissible as on 19.01.2009 as per the Revised Pay Scale 2009 and thereafter a grant 2/3rd of retirement benefits out of total benefits and then revise my pension as per the pay matrix as on 01.01.2016 as admissible for the post of Assistant Executive Engineer held by the Petitioner at the time of retirement and grant arrears of pension with interest at 18% per annum.
2. With the consent of the learned counsel appearing on either side, this writ petition is taken up for disposal at the admission stage.
3. Though a larger prayer is sought for in this writ petition, the learned counsel appearing for the petitioner would submit that this Court may issue a direction to the 2nd respondent to consider the petitioner’s representation dated 25.10.2025 and pass appropriate orders within a specified time.
4. The learned Government Advocate appearing for the respondents would submit that the 2nd respondent will consider the petitioner’s _________ Page 8 of 11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/02/2026 07:09:29 pm ) W.P.No.175 of 2026 representation dated 25.10.2025 and pass appropriate order on the same within a period of twelve weeks.
5. In view of the same, the 2 nd respondent is directed to consider the representation of the petitioner dated 25.10.2025 and pass appropriate orders on the same, in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
6. This Writ Petition is disposed of with the above terms. No costs.
09.01.2026 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No kkn _________ Page 9 of 11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/02/2026 07:09:29 pm ) W.P.No.175 of 2026 To
1.The Secretary to Government, Government of Tamil Nadu, Public Works Department, Secretariat, Chennai – 9.
2.The Engineer-in-Chief WRD and Chief Engineer General, Public Works Department, Chepauk, Chennai – 600 005.
3.The Engineer in Chief Building (and Chief Engineer Building) Public Works Department, Chepauk, Chennai – 5.
4.The Executive Engineer, Public Works Department, Building Construction and Maintenance, Udagamandalam, The Nilgiris District.
5.The Superintending Engineer, Public Works Department, Building and Maintenance, Coimbatore – 1.
6.The Chief Engineer (Building), Public Works Department, Coimbatore Region, Coimbatore – 641 001.
_________ Page 10 of 11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/02/2026 07:09:29 pm ) W.P.No.175 of 2026 M.DHANDAPANI, J.
KKN W.P.No. 175 of 2026 09.01.2026 _________ Page 11 of 11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/02/2026 07:09:29 pm )